Expanding your business into the U.S. market can be a strategic move and Florida, with its dynamic economy and strategic location, is an attractive destination for UK entrepreneurs.
If you’re considering starting a business in Florida, one of the initial steps is to check if your desired company name is available and complies with Florida’s business naming regulations.
Here’s a step-by-step guide for UK entrepreneurs on how to check company name availability in Sunny Florida.
1. Understand Florida’s Business Name Requirements
Florida has specific guidelines to ensure that each registered business name is unique and distinguishable from others in the state.
Key considerations include:
- Uniqueness: Your business name must be unique and easily distinguishable from other names already registered in Florida. This prevents customer confusion and minimizes the risk of legal conflicts.
- Avoid Common Phrases: Adding words like “LLC” or minor differences, such as changing “and” to “&,” typically won’t be enough to make a name unique.
- Avoid Restricted Words: Some words, like “bank,” “university,” or “insurance,” may require additional regulatory approval or be restricted from general business use.
Understanding these guidelines helps ensure your proposed name meets the minimum standards before you conduct an official search.
2. Use Florida’s Division of Corporations Search Tool
Florida’s Department of State Division of Corporations provides a free online Business Entity Search tool. Here’s how you can use it:
- Access the Online Tool: Visit the Florida Department of State Division of Corporations website and locate the Business Entity Search tool.
- Enter Your Desired Company Name: Enter your proposed name in the search field and review the results to see if similar names already exist. It’s advisable to test several variations of your name to fully assess availability.
- Review Similar Names: If your search returns businesses with similar names, consider adjusting your name to make it unique or choosing a different name altogether. No results mean your chosen name might be available, but further steps are recommended to secure it.
3. Reserve the Name with a Letter of Intent (Optional)
Unlike some states, Florida does not offer an official name reservation service. However, if you’re committed to a particular name, you can informally reserve it by filing incorporation documents as soon as possible. Alternatively, you can prepare a Letter of Intent, stating your interest in the name and explaining your business’s planned incorporation timeframe. While a Letter of Intent is non-binding, it may add credibility to your request if you’re dealing with an attorney or local representative.
4. Check Federal Trademarks and Other Online Platforms
Registering a name in Florida doesn’t provide nationwide protection. For broader brand security, check for trademark conflicts on federal and online platforms to avoid potential issues. Here’s how:
- Search the USPTO Trademark Database: Use the U.S. Patent and Trademark Office’s (USPTO) Trademark Electronic Search System (TESS) to check if your name (or a similar one) is federally trademarked. A federal trademark takes precedence over state registrations, so it’s wise to ensure there are no conflicts.
- Check Domain Availability: Securing a domain name that matches your business name is crucial for online presence. Check if the corresponding domain name is available using our easy to use domain checker!
Protect your Company Domain Name
Use our domain name search tool to find available names for your business.
- Verify Social Media Handles: Consistent branding across social media platforms is valuable for visibility and marketing. Check platforms like Facebook, Instagram, and Twitter to ensure your preferred business name is available as a handle.
5. Register Your Business with the Florida Department of State
Once you’ve verified that your desired name is available and free of conflicts, the next step is to officially register your business. Here’s a breakdown of the process:
- File Formation Documents: Depending on your business type (e.g., LLC or corporation), file the appropriate formation documents with the Florida Department of State. This can be done online, by mail, or in person.
- Pay the Filing Fee: Florida’s filing fees vary by business type and typically range from $125 for LLCs to $70 for a corporate name. Confirm the latest fee schedule on the Florida Department of State website to budget accordingly.
- Obtain an Employer Identification Number (EIN): An EIN, issued by the IRS, is essential for businesses operating in the U.S. You can apply online, and the EIN is necessary for tax filing, opening business bank accounts, and hiring employees.
6. Seek Professional Assistance
Navigating U.S. business regulations from abroad can be challenging. Partnering with a local business attorney or advisor who understands Florida’s laws can help ensure smooth compliance and avoid issues down the line. They can also assist with steps like drafting a Letter of Intent, filing documents correctly, and understanding Florida’s business tax requirements.
Additionally, if you’re planning to expand across multiple states, consulting with a trademark expert can help you understand federal trademarking and brand protection for a more comprehensive U.S. presence.
Summary
Expanding a UK-based business into Florida requires careful planning, and choosing a unique and compliant business name is a key first step. Here’s a summary of the process for checking and securing a company name in Florida:
- Review Florida’s business naming requirements to ensure your chosen name meets state criteria.
- Use the Florida Business Entity Search Tool to check for name availability.
- File your formation documents promptly to secure the name for your business.
- Search federal trademark databases to ensure your name is not federally trademarked.
- Register with the Florida Department of State and obtain an EIN to complete the registration.
- Seek professional guidance to navigate legal and regulatory requirements specific to the state.
By following these steps, UK entrepreneurs can confidently establish their business identity in Florida. Ensuring your business name is available and protected allows you to focus on expanding into the U.S. market and growing your brand.
Related Reading:
Check if a company name is available in the UK
How to Check Company Name Availability in California
How to Check Company Name Availability in the USA